vicki arroyo, executive director - georgetown climate center€¦ · adapted from pew center on...

Georgetown State and Federal Climate Resource Center

Vicki Arroyo, Executive Director

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Coastal adaptation in the U.S.:

A look at emerging state and federal proposals

November 9, 2009

Coastal Adaptation in the States

1. What the States Are Doing• California, Maryland and Florida

2. Legal Barriers

3. State-Relevant Adaptation Provisions of the Congressional Bills• Waxman-Markey (House) and Kerry-Boxer (Senate)

4. The Federal Government Role

Georgetown Law • Congressional Briefing • November 2009

Adaptation Planning Efforts

State Adaptation Plans complete or in-progressAdaptation Plan recommended in Climate Action Plans

12 states have started or completed adaptation planning


Adapted from Pew Center on Global Climate Change

Ge

States – Adaptation Planning Areas


1 MD and NY are limited to addressing statewide issues associated with the impacts from sea level rise.2 VA’s plan also addresses the Insurance sector.

State Agriculture Biodiversity / Ecosystem

Economic Systems

Oceans / Coastal

Forestry EmergPrepared /

Public Health

Infrastruc-ture

Water

AK

CA

FL

MA

MD1

NH

NY1

OR

VA2

WA

Source: T.Cruce for the Georgetown Climate Center

Coastal Impacts

Coastal sectors of state adaptation plans primarily address impacts caused by sea level rise and increased storm surges and flooding:• Impacts to infrastructure (transportation and utilities)

• Impacts to private property

• Impacts to public health and safety

• Impacts to habitat and biodiversity

• Economic impacts to water-dependent industry and tourism


Policy Objectives – Planned Retreat

State adaptation plans recommend adoption of a planned retreat policy:• Avoid future hazards and prevent impacts

• Prioritize infrastructure for protection

• Prioritize natural systems for preservation

• Plan now for the near, medium and long terms

• Increase resilience


Policy Options for Addressing SLR

Carrots:• Tax incentives

• Acquisition of threatened properties

• Funding to local governments


Policy Options for Addressing SLR

Sticks:• Limit development in threatened areas

• Limit state expenditures


Example: California – What’s at Risk

• 480,000 people

• $100 billion in property

• A $46 billion coastal dependent economy

55-inches of sea level rise would put at risk:


Example: California Sea Level Rise Impacts

In San Francisco Bay, a sea level rise of 55-inches by 2100 is estimated to put 270,000 people and $62 billion in economic resources at risk of flooding.

Source: San Francisco Bay Commission, 2009



Example: California – The Stick Approach

California’s Adaptation Plan recommends that local governments incorporate SLR into land use regulations:• Consider SLR in land use plans

• Limit development in threatened areas (using setbacks, buffers and rebuilding restrictions)

• Cluster development in upland areas

• Update building codes to require structures be more flood-resilient


Example: Maryland – What’s at Risk


In Maryland, 2-3 feet of SLR could submerge thousands of acres of tidal wetlands; low-lying lands; and Smith Island in the Chesapeake Bay.

Source: Maryland, Comprehensive Strategy for Reducing Vulnerability of Climate Change, 2008

Example: Maryland – Carrots & Sticks


Maryland is working to protect its natural resources from SLR impacts

• Living Shoreline Protection Act

• Prioritizing property for protection

• Guidance to locals

Example: Florida - Sea Level Rise Impacts

1 meter inundates the Ever-glades and Cape Canaveral


2 meters inundates Miami and most of Florida’s Gulf Coast

Example: Florida – The Carrot Approach

Source: NOAA, Local Strategies for Addressing Climate Change, 2009


Florida Flood Buyout and Home Elevation Program• Home inspection of properties in threatened areas to advise how to strengthen flood-resilience of home• $5,000 grants to retrofit homes

Source: NOAA, Local Strategies for Addressing Climate Change, 2009

Legal Barriers to Adaptation

• No explicit delegations of authority

• Substantial evidence needed to justify increased regulation

• Potential Constitutional “takings” challenges


Federal Role for Adaptation?

Research and Development• Ongoing climate science• Improved modeling of impact projections

Policy and Regulation• Incorporate SLR and erosion impacts in floodplain maps under National

Flood Insurance Program• Encourage state and local governments to consider sea level rise in

Coastal Management Programs through federal funding under Coastal Zone Management Act

• Consider climate change impacts in Environmental Impact Assessments

Coordination / Partnerships• Provide coordination across governments, agencies, academia, and

private sector for research, planning and implementation. Align federal policies with state adaptation policies


What the Feds Are Doing – The Carrot

Funding for State Adaptation PlanningBoth federal bills distribute auction allowance proceeds to states for adaptation planning and require that states adopt adaptation plans

Waxman/Markey (W/M)

Kerry/Boxer (K/B)

State Adaptation Plans To be eligible, requires

states to have State Adaptation Plan by 2015

Climate Change Response Plan required by 2012

Natural Resources Adaptation Plans

Requires development of Natural Resources Climate

Change Adaptation Strategy

Requires development of Natural Resources Climate

Change Adaptation Strategy



Federal Grant Programs Funds for specific adaptation activities

W/M K/B

Water Systems None EPA to provide funds for state water system adaptation projects.

Flood Control None EPA to provide funds for state flood control, protection, prevention and response projects.

Coastal None EPA to provide funding to coastal states to plan for and address impacts of climate change on coastal watershed.




Federal Research and Information ProgramsFederal programs to make research, information and support available to state and local governments

W/M K/B

National Global Change Research Program (USGCRP): to coordinate Federal research activities and make research and information accessible

√

National Climate Service (NOAA): to provide weather data, forecasts and warnings √ √Adaptation Science and Information Program (NOAA/USGS): to provide science, information and technical assistance to assess and address impacts to natural resources

√ √

Drinking Water Utilities Research (EPA, Commerce, DOE, Interior): to fund research on the impacts to drinking water utilities to assist utilities in adaptation efforts

√

Presenter

Presentation Notes

Key points: K/B does not address Adaptation Research K/B leaves the National Climate Services to be defined by another committee The Adaptation Science and Information Program – although in Subpart A of the Adaptation Subtitle – only addresses Natural Resources!!!

What the Feds Are Doing – Allowances


What the Federal Government Can Do

CZMA: Update the Coastal Zone Management Act (CZMA) to incentivize states to account for SLR in Coastal Management Programs

NFIP: Require FEMA to account for SLR in flood-maps created under the National Flood Insurance Program Act


Policy and Regulation

Georgetown Climate Center’s Focus

… in the adaptation arena:

•Federal legislative analysis

• Working with state governments to provide law and policy analysis to identify and eliminate barriers to adaptation

• Adaptation Clearinghouse – a toolkit of resources for adaptation planning


Adaptation?


Contact Information

For more information:

Vicki Arroyo

[email protected]

http://www.georgetownclimate.org


mailto:[email protected]

vicki arroyo, executive director - georgetown climate center€¦ · adapted from pew center on...

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